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Allahabad High Court

MADAN GOPAL (SINCE DECEASED) AND ANOTHERversusNARAD AND 13 OTHERS

Decided

Holding

The High Court may direct the subordinate court to decide the pending suit expeditiously, limiting adjournments, under its supervisory jurisdiction under Article 227.

Summary

The petitioners, heirs of the deceased Madan Gopal, filed a writ petition under Article 227 seeking a direction to the Civil Judge (J.D.) of Bansi Siddharth Nagar to decide the pending Original Suit No. 96 of 1990 against the respondents expeditiously. The sole relief claimed was for the High Court to order the lower court to dispose of the suit within a stipulated time, limiting any adjournments. The Court examined whether it could exercise its supervisory jurisdiction to compel a subordinate court to adhere to a strict timeline. It held that, since the suit was already pending, maintaining the writ petition would serve no useful purpose and the High Court could issue a directive to ensure speedy disposal. Accordingly, the petition was disposed with an order directing the lower court to decide the suit preferably within one year and to restrict any adjournment to a maximum of fifteen days at a stretch. The direction is subject to any legal impediment that may arise.

Issues considered

  • Whether the High Court can, under its supervisory jurisdiction under Article 227, direct a subordinate civil court to decide a pending suit expeditiously and impose limits on adjournments?

Subjects

  • Article 227
  • writ petition
  • supervisory jurisdiction
  • expeditious trial
  • adjournment limitation
  • civil suit

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    MATTERS UNDER ARTICLE 227 No. - 6194 of 2026

                                    Madan Gopal (Since Deceased) And Another
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    Narad And 13 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                      :   Shailendra Sharma
                                    Counsel for Respondent(s)                      :

                                    Court No. - 5
                                                          HON'BLE VIKAS BUDHWAR, J.

                                    1. Heard.

                                    2. In view of the order, which is being proposed to be passed today, notices
                                    are not being issued to the respondents.

                                    3. The solitary relief claimed in the present writ petition is for a direction to
                                    the Court of Civil Judge (J.D.) Bansi Siddharth Nagar to decide the Original
                                    Suit no.96 of 1990 'Madan Gopal and another Vs. Narad and others',
                                    expeditiously as possible as within stipulated time fixed by this Hon'ble
                                    Court..

                                    4. Learned counsel prayed that the said suit may be decided, expeditiously.

                                    5. Since the above-mentioned case is pending, no useful purpose would be
                                    served in keeping this petition pending.

                                    6. In view of the above, this writ petition stands disposed of with a direction
                                    to the Court of Civil Judge (J.D.) Bansi Siddharth Nagar to decide the
                                    Original Suit no.96 of 1990 'Madan Gopal and another Vs. Narad and others'
                                    , expeditiously, preferably within one year, strictly in accordance with law,
                                    without granting any unnecessary adjournments, subject to legal
                                    impediment. In case, any adjournment is accorded, same should not be for
                                    more than 15 days at a stretch.

                                    May 5, 2026
                                    N.S.Rathour

                                                                                              (Vikas Budhwar,J.)




Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad


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